RAM ASHISH RAI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/23780/2024 · 2025-01-10
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113177 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113177 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:5322-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23780 of 2024 Petitioner :- Ram Ashish Rai And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwani Kumar Pathak,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Supplementary Affidavit filed today is taken on record.
2. Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record.
3. This writ petition has been filed praying to quash the first information report dated 11.11.2024, registered as case crime no.0665 of 2024, under section 87 B.N.S., P.S. Ramgarh Teal, District Gorakhpur. Further prayer has been made not to arrest the petitioners.
4. Learned counsel for the petitioners submits that in the instant case statement of the victim under sections 180/183 Cr.P.C. has already been recorded wherein she has not supported the prosecution version stating that she had joined Sheela along with her own free will.
5. Learned AGA has not disputed the submission made by learned counsel for the petitioners.
6. Considering the factual situation as has been brought before us, we are not inclined to proceed in the instant matter and the writ petition is
disposed of with the observation that the investigating officer may proceed in accordance with law but certainly take into account the statement of the victim recorded under Sections 180/183 B.N.S., 2024.
7. For a period of six weeks no coercive action shall be taken against the petitioners.
Order Date :- 10.1.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad